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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of opinions from medical professionals in |
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making certain determinations relating to the abuse or neglect of a |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.30171 to read as follows: |
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Sec. 261.30171. FORENSIC ASSESSMENT CENTER NETWORK |
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EVALUATION. (a) In this section, "network" means the Forensic |
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Assessment Center Network. |
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(b) The department, with the assistance of the Supreme Court |
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of Texas Children's Commission, shall: |
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(1) evaluate the department's use of the network; and |
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(2) develop joint recommendations to improve: |
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(A) the evaluation of agreements between the |
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department and the network; and |
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(B) the best practices for using assessments |
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provided by the network in connection with abuse and neglect |
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investigations conducted by the department. |
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(c) Not later than September 1, 2022, the department shall |
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prepare and submit to the legislature a written report containing |
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the department's findings and recommendations under Subsection (b) |
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and any recommendations for legislative or other action. |
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(d) This section expires September 1, 2023. |
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SECTION 2. Section 261.504, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In making a determination whether the child is or has |
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been a victim of abuse or neglect, the court may consider the |
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opinion of a medical professional obtained by an individual against |
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whom a protective order is sought. |
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SECTION 3. Section 262.102, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A determination under this section that there is an |
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immediate danger to the physical health or safety of a child or that |
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the child has been a victim of neglect or sexual abuse may not be |
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based solely on the opinion of a medical professional under |
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contract with the Department of Family and Protective Services who |
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did not conduct a physical examination of the child. |
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SECTION 4. Section 262.104, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An authorized representative of the Department of |
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Family and Protective Services, a law enforcement officer, or a |
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juvenile probation officer may not take possession of a child under |
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Subsection (a) based solely on the opinion of a medical |
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professional under contract with the Department of Family and |
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Protective Services who did not conduct a physical examination of |
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the child. |
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SECTION 5. Section 262.201, Family Code, is amended by |
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adding Subsection (i-1) to read as follows: |
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(i-1) In making a determination whether there is an |
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immediate danger to the physical health or safety of a child, the |
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court may consider the opinion of a medical professional obtained |
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by the child's parent, managing conservator, possessory |
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conservator, guardian, caretaker, or custodian. |
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SECTION 6. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |
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* * * * * |